[BREAKING] SC Reserves Order on AAP Leader Manish Sisodia’s Bail Pleas in CBI, ED Cases

The Supreme Court Today (August 6th) reserved its order on pleas filed by AAP leader Manish Sisodia seeking bail in corruption and money laundering cases linked to the alleged Delhi excise policy scam.

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NEW DELHI: On Tuesday, the Supreme Court reserved its order on the bail pleas filed by AAP leader Manish Sisodia, who is seeking release in corruption and money laundering cases linked to the alleged Delhi excise policy scam.

A bench of Justices B R Gavai and K V Viswanathan heard arguments from senior advocate Abhishek Singhvi, representing Sisodia, and Additional Solicitor General S V Raju, who represented the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

During the hearing, the Court also asked ED how long it will take to complete trial in the case.

“Where is light at the end of the tunnel and how long will it take,” 

-Justice Viswanathan asked.

The Court was also not impressed by ED’s arguments that Sisodia had filed multiple applications before the trial court seeking supply of various documents and that had led to the delay in trial.

“None of the applications have been rejected saying it is vexatious or something. You have only supplied those documents after they moved the applications,” 

-Justice Gavai remarked.

“There is no word ‘frivolous’ in the order. Show us some words like ‘vexatious’, ‘intended to delay trial’ etc. Something like that,” 

-Justice Viswanathan weighed in.

However, Additional Solicitor General (ASG) SV Raju maintained that the delay was attributable solely to Sisodia.

“Our trial would have commenced and these documents were unwarranted but just because of these applications. Delay is completely attributable to them and not to the agency. Speedy trial cannot be fitted in a straightjacket formula and it is case by case basis and they don’t want this to be heard on merits. So the best option (for them) is to delay it,” 

-he said.

Manish Sisodia was arrested by the CBI on February 26, 2023, for his alleged involvement in irregularities in the formulation and implementation of the now-scrapped Delhi excise policy 2021-22.

Subsequently, the ED arrested him on March 9, 2023, in connection with a money laundering case that stems from the CBI FIR. Sisodia resigned from the Delhi cabinet on February 28, 2023.

Sisodia, who served as the deputy chief minister of Delhi, has sought bail on the grounds that he has been in custody for 17 months, and the trial against him has not yet commenced.

The ED and the CBI have opposed Sisodia’s bail pleas. The ED presented documents to the apex court purportedly showing Sisodia’s “neck-deep involvement” in the alleged scam.

YESTERDAY IN APEX COURT

The Supreme Court on Tuesday (August 5th) heard new claims presented by the Enforcement Directorate (ED) regarding Aam Aadmi Party (AAP) leader Manish Sisodia’s bail pleas related to the controversial Delhi excise policy case. During the hearing, the ED asserted they have traced Rs 45 crores and possess substantial digital evidence implicating Sisodia.

The Bench of Justices BR Gavai and KV Viswanathan adjourned the hearing to next Monday, August 12.

During the proceedings, the Bench expressed concerns about criminalizing policy decisions. Justice Viswanathan commented,

“If an increase in profit margin from 5% to 12% alone could imply criminality, how can we distinguish between policy decisions and criminal actions? For a prima facie finding, isn’t more required to show actions contrary to public interest? Otherwise, how can cabinets function?”

In response, Additional Solicitor General (ASG) SV Raju, representing the ED, stated that the case involves more than just a profit margin adjustment. Raju argued,

“This case involves more than just a profit margin adjustment. We have substantial evidence indicating that Sisodia is deeply involved in a scam. It includes not only ignoring committee recommendations but also his involvement in the excise policy and meetings with liquor barons. Evidence such as G.O. minutes has been uncovered. This is not a fabricated case; it’s a sophisticated scheme where profit margins were increased arbitrarily and licenses were awarded without tenders. Sisodia’s involvement is well-supported by evidence and not merely a political issue.”

The hearing is scheduled to resume on August 12, with the ED expected to finalize its submissions.

The Court, addressing the ED’s counsel, remarked,

“Consideration for court time is essential. For settled matters, extensive reading of judgments is unnecessary. You assured a 75-minute presentation but took 120 minutes. Our court values the contribution of junior lawyers, and if this continues, it might extend through the week.”

Senior Advocate Abhishek Manu Singhvi represents Sisodia, while Additional Solicitor General (ASG) SV Raju represents the ED and CBI.

During today’s proceedings, Senior Advocate Abhishek Manu Singhvi, representing Sisodia, stated,

“I have been in custody for 17 months today.”

Singhvi argued that if the trial is not advancing due to factors beyond the accused’s control, the Court should consider granting bail, especially if the trial could take years. Singhvi noted that the ED had cited 162 witnesses and submitted 25,000 pages of documents as of October, while the CBI had cited 294 witnesses and submitted 31,000 pages of documents.

Singhvi emphasized that Sisodia’s involvement is alleged to be significant, with digital records and a large volume of evidence.

Countering Singhvi’s arguments, ASG SV Raju contended that the plea is not maintainable and should have been first addressed by the trial court. He argued that the Supreme Court’s order was final and not open to revival.

Raju also claimed that there is substantial evidence, including WhatsApp chats and other documents, demonstrating Sisodia’s involvement in a major corruption case. He asserted that Sisodia could influence witnesses and tamper with evidence, and that the investigation is complete.

The Bench inquired about the trial’s status, to which ASG Raju responded that Sisodia is obstructing the charges from being framed and delaying document inspection. Raju claimed that further investigation does not affect the trial’s progress.

The Court took note of the submissions and adjourned the matter to August 12. Previously, on July 29, ASG Raju had raised preliminary objections to a second Special Leave Petition (SLP) challenging the same order, arguing that the trial court should have been approached first. The Supreme Court had issued notices on July 16, and Justice PV Sanjay Kumar had recused from the case earlier.

Click Here to Read Previous Reports on Manish Sisodia

Click Here to Read Previous Reports on Arvind Kejriwal

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